Illinois Compiled Statutes Chapter 750 governs divorces in Illinois. The statutory scheme sets forth the types of divorce proceedings you can pursue in Illinois as well as the general procedures used to file and pursue a divorce in the state. County circuit courts preside over divorce cases in Illinois.
Fault Divorce
Illinois statutes permit you to file what is known as a fault divorce, according to Divorce Source. By filing a fault divorce, you content that your spouse is guilty of some sort of wrongdoing that negatively impacts the marriage to the point that a divorce is necessary.
Grounds upon which a fault divorce can be based in Illinois include bigamy, natural impotence, adultery and willful desertion for at least one year. Other bases for an Illinois fault divorce include habitual drunkenness for two years, excessive use of addictive drubs for two years, and extreme and ongoing physical or mental cruelty. Finally, a fault divorce is possible is your spouse is convicted of a felony or gave you a sexually transmitted disease.
No-Fault Divorce
Pursuing a divorce without demonstrating wrongdoing by your spouse is permissible in Illinois, according to Illinois Compiled Statutes Chapter 750. To file a no-fault divorce, you must live apart from your spouse for two years. You must demonstrate irreconcilable differences. Irreconcilable differences mean that the marriage suffered an irretrievable breakdown and no reasonable prospects for reconciliation exist.
Property Division
Illinois utilizes what is known as an equitable division of property standard in divorce cases, according to Illinois Compiled Statutes Chapter 750. Equitable division must not be confused with equal division. A court does not equally divide the property--and debts--between the parties to a divorce. Rather, the court distributes the assets and debts accumulated during the marriage between the husband and wife in a manner deemed fair and just under the specific circumstances of the case. A court does not follow a template or strict guidelines for dividing assets in an Illinois marriage dissolution case.
Documents for Divorce
Illinois Compiled Statutes Chapter 750 establish the specific documents you must use to pursue a divorce. You commence a divorce case by filing a petition for dissolution of marriage with clerk of the circuit court in the county where you or your spouse reside. A final order in a divorce case is called a judgment for dissolution of marriage. A financial disclosure statement typically is filed by both spouses. If you have children, a variety of documents are necessary in your case, including a child support worksheet and a parenting plan.
